News & analysis of the United States Court of Appeals for the Third Circuit, by Matthew Stiegler

Divided court denies en banc rehearing in Erwin appeal-waiver case

With four judges dissenting, the Third Circuit today denied en banc rehearing in United States v. Erwin, one of its most controversial decisions of 2014. Rendell, Ambro, Greenaway, and Vanaskie would have granted en banc rehearing. Erwin held that defendants who violate their plea deals can be resentenced without the deal.